state of nevada board of dispensing opticians · by a licensed dispensing optician, a licensed...

STATE OF NEVADA BOARD OF DISPENSING OPTICIANS 4790 Caughlin Parkway #241; Reno, NV 89519 • Telephone 775 / 689-0132 • Fax 775 / 689-0133 Email: [email protected] • Website: nvbdo.nv.gov

NOTICE OF INTENT TO ACT UPON A PROPOSED REGULATION R106-14

Notice of Hearing for the Adoption of a Permanent Regulation of the

Nevada State Board of Dispensing Opticians NOTICE IS HEREBY GIVEN that the Nevada State Board of Dispensing Opticians will hold a Public Hearing at 1:00 p.m., on June 14, 2016, at:

Offices of the Nevada Gaming Control Board 1919 College Parkway

Carson City, Nevada 89706

Offices of the Nevada Gaming Control Board 555 E. Washington Street, Suite 2600

Las Vegas, Nevada 89101

Note: The hearing will be video-conferenced between the two above-listed sites.

The purpose of the hearing is to receive comments from all interested persons regarding the adoption of a regulation pertaining to Chapter 637 of the Nevada Administrative Code, LCB File No. R106-14. The following information is provided pursuant to the requirements of NRS 233B.0603: 1. The need for and the purpose of the proposed regulation.

The need and purpose of the proposed regulation is multifaceted and is intended to update various Board regulations to adapt them to present practices and needs, including the following as described by the Legislative Counsel Bureau:

Under existing law and regulations, members of the Board of Dispensing

Opticians are entitled to a salary of not more than $150 per day while engaged in the business of the Board. (NRS 637.045; NAC 637.120) Section 1 of this regulation clarifies that certain meetings and proceedings are considered to be part of the business of the Board.

Existing law requires an applicant for licensure as a dispensing optician to pass an examination given by the Board and authorizes the Board to waive that requirement for an applicant under certain circumstances. (NRS 637.100, 637.110, 637.127) Existing regulations require an applicant seeking to take such an examination to apply to the Board at least 60 days before the date of the exam and pay a fee of $350. (NAC 637.150) Section 2 of this regulation removes the 60-day requirement and lowers the fee to $100. Section 2 also lowers the hours of training and experience required for certain applicants from 2,000 to 1,000. Existing regulations require that at least two Board members be present during the examination and authorize the Board to employ other dispensing opticians to assist in administering the practical portion of the examination. (NAC

mailto:[email protected]



Notice of Intent to Act Upon Proposed Regulation R106-14 -- of 5

637.160) Section 3 of this regulation authorizes the Board to employ others to assist in the administration of the examination and removes: (1) the distinction between a practical section of the examination and a written section of the examination; (2) the approximate proportion of each subject that is to be included on the examination; and (3) the requirement that two Board members be present during the examination.

Existing law requires a licensed dispensing optician to complete annual continuing education and to submit proof of completion of such continuing education to the Board to renew his or her license. (NRS 637.135, 637.140) Under existing regulations, the Board must approve each course of continuing education offered before a licensed dispensing optician can receive credit for the course. Existing regulations also limit the number of continuing education credits a licensed dispensing optician may receive each year, but allow a certain number of additional credits earned to be applied to the continuing education requirements for the following year.

(NAC 637.200) Existing regulations also require a licensed dispensing optician to submit to the Board certificates of completion for continuing education each year with his or her license renewal. (NAC 637.190) Section 4 of this regulation newly provides that a licensed dispensing optician must submit to the Board a statement affirming that the licensee has taken the required hours of continuing education and listing the courses taken. Section 4 further authorizes the Board to require a licensed dispensing optician to verify his or her statement regarding continuing education by submitting, at the request of the Board, certificates of completion for the courses listed on the statement submitted to the Board for renewal of the license. Section 4 also clarifies that a licensed dispensing optician who fails to complete the required number of continuing education hours or makes any false statements or representations regarding the completion of continuing education is subject to discipline by the Board. Section 5 of this regulation newly authorizes the Board to grant approval for all continuing education courses offered by certain organizations or sponsors recognized by the Board. Section 5 further provides that licensees who have completed additional hours of continuing education to be applied to the requirements for continuing education the following year must not submit those certificates to the Board unless requested by the Board. Section 5 also allows licensees to receive up to 4 hours of continuing education credit each year for certain community service time spent providing dispensing optician services.

Existing law authorizes the Board to set a fee, not to exceed $200, for the renewal of a license as an apprentice dispensing optician. (NRS 637.123) Section 7 of this regulation raises the renewal fee for a license as an apprentice dispensing optician from $50 to $100.

Existing law requires that an apprentice dispensing optician be directly supervised by a licensed dispensing optician, a licensed ophthalmologist or a licensed optometrist. (NRS 637.125) Existing regulations require that a supervisor or a substitute supervisor be on the premises of the optical establishment at all times to directly supervise the apprentice dispensing optician. (NAC 637.280) Section 8 of this regulation newly provides that: (1) a licensed dispensing optician may not be the supervisor of record for more than two apprentice dispensing opticians; and (2) the Board may require a supervisor of record to conduct a periodic review of an apprentice dispensing optician.

Existing law provides that the license of an apprentice dispensing optician be renewed annually, but such a license may be renewed not more than 4 times, except in


certain circumstances. (NRS 637.123) Existing regulations require an apprentice dispensing optician to enroll in an educational program on the theory of opthalmic dispensing within 3 months after his or her initial licensure, and thereafter to demonstrate orderly progress toward completion of his or her apprenticeship. (NAC 637.263, 637.285, 637.287) Section 9 of this regulation raises from 3 months to 6 months the time limit for an apprentice dispensing optician to enroll in an educational program after his or her initial licensure. Section 9 further requires an apprentice dispensing optician to complete his or her educational program in not more than 40 months, except that an extension of not more than 12 months may be requested by the apprentice dispensing optician and granted by the Board in certain circumstances. Finally, section 9 provides that an apprentice dispensing optician who fails to meet the various time limits imposed regarding his or her educational program may not renew his or her license as an apprentice dispensing optician, but may reapply for initial licensure after waiting at least 1 year. Sections 6 and 10 of this regulation make conforming changes regarding the educational program requirements for apprentice dispensing opticians.

2. Either the terms or substance of the proposed regulation or a description of the subjects and

issues involved. See text of R106-14 (attached hereto) for specific amendment language.

3. If the proposed regulation is a permanent regulation, a statement explaining how to obtain the

approved or revised text of the proposed regulation prepared by the Legislative Counsel pursuant to NRS 233B.063.

A copy of the proposed language can be obtained by contacting the Nevada State Board of Dispensing Opticians, 4790 Caughlin Parkway #241, Reno, Nevada 89519-0907, telephone: (775) 689-0132, fax: (775) 689-0133, e-mail: [email protected].

4. A statement of the estimated economic effect of the regulation on the business which it is to

regulate and on the public. These must be stated separately and in each case must include:

(a) Both adverse and beneficial effects. There are no anticipated adverse economic effects on the opticianry profession

or the public. A beneficial effect is that the regulation will reduce the application fee from its present amount of $350.00 to no more than $100.00.

(b) Both immediate and long term effects.

There are no anticipated immediate or long-term economic effects on the opticianry profession or the public except that the application fee will be reduced when the regulation becomes effective.

5. A statement identifying the methods used by the Nevada State Board of Dispensing Opticians

in determining the impact on a small business prepared pursuant to subsection 3 of NRS 233B.0608:

The Board discussed and crafted the language that ultimately became R106-14 at its regular meetings on June 11, 2014, August 13, 2014, October 6, 2014, February 11, 2015, April 8, 2015, and June 10, 2015. At each such meeting, some of the Board’s


licensees were in attendance, and several spoke as to various aspects of the drafts at issue. Based upon the discussions, the Board made some changes to the proposed language. No participant in any of the discussions presented any evidence or argument that the proposed drafts would have a positive or negative impact on small businesses.

On October 20, 2015, the Board held a workshop regarding the language that became R106-14. Attending and participating in the workshop were some of the Board’s licensees. No participant in the discussion presented any evidence or argument that the proposed language would have a positive or negative impact on small businesses.

6. The estimated cost to the agency for enforcement of the proposed regulation. There will be no significant cost to the Nevada State Board of Dispensing Opticians

for enforcement of the proposed regulation.

7. A description of any regulations of other state or local government agencies which the proposed regulation overlaps or duplicates and a statement explaining why the duplication or overlapping is necessary. If the regulation overlaps or duplicates a federal regulation, the notice must include the name of the regulating federal agency.

There are no similar regulations of other state or government agencies that the proposed regulations overlap or duplicate.

8. If the regulation is required pursuant to federal law, a citation and description of the federal

law. This proposed regulation is not required by federal law.

9. If the regulation includes provisions which are more stringent than a federal regulation that

regulates the same activity, a summary of such provisions. This proposed regulation does not include any provision that is more stringent

than a federal regulation that regulates the same activity.

10. The time when, the place where and the manner in which interested persons may present their views regarding the proposed regulation.

Persons wishing to comment upon the proposed action of the Nevada State Board of Dispensing Opticians may appear and make oral comment at the scheduled public hearing, or may address their comments, data, views or arguments, in written form, to the Nevada State Board of Dispensing Opticians, Attention: Corinne Sedran, Executive Director, at 4790 Caughlin Parkway #241, Reno, Nevada 89519-0907, telephone: (775) 689-0132, fax: (775) 689-0133, e-mail: [email protected]. Written submissions must be received by Nevada State Board of Dispensing Opticians on or before June 6, 2016. If no person who is directly affected by the proposed action appears to request time to make an oral presentation, the Nevada State Board of Dispensing Opticians may proceed immediately to act upon any written submission.


Copies of the notice and the regulations to be adopted or amended will be available at the Nevada State Board of Dispensing Opticians, 4747 Caughlin Parkway, Unit 2, Reno, Nevada. A copy of this notice and the regulation to be adopted or amended has been submitted for posting for inspection by members of the public during business hours at the Nevada State Library and Archives, 100 Stewart Street, Carson City, Nevada. Copies of this notice and the proposed regulation will be mailed to members of the public upon request.

This notice and the text of the proposed regulation has been submitted to the State of Nevada Register of Administrative Regulations, which is prepared and published monthly by the Legislative Counsel Bureau pursuant to NRS 233B.0653, and on the Internet at http://www.leg.state.nv.us. This information is also available at the Nevada State Board of Dispensing Opticians’ website at http://nvopticians.org.

Upon adoption of any regulation, the agency, if requested to do so by an interested person either before adoption or within 30 days thereafter, will issue a concise statement of the principal reasons for and against its adoption and incorporate therein its reason for overruling the consideration urged against its adoption. This Notice of Hearing has been deposited at the following locations: Nevada State Library and Archives - 100 North Stewart Street, Carson City, Nevada 89701 Nevada State Board of Dispensing Opticians – 4747 Caughlin Parkway, Reno, Nevada 89519 Carson City Library – 900 N. Roop Street, Carson City, Nevada 89701 Churchill County Library - 553 S. Maine Street, Fallon, Nevada 89406 Clark County Library – 1401 E. Flamingo Road, Las Vegas, Nevada 89119 Douglas County Public Library - 1625 Library Lane, Minden, Nevada 89423 Elko County Library - 720 Court Street, Elko, Nevada 89801 Esmeralda County Library - 10 Montezuma Way, Silverpeak, Nevada 89047 Eureka Branch Library - 210 S. Monroe, Eureka, Nevada 89316 Humboldt County Library – 85 E. 5th Street, Winnemucca, Nevada 89445 Lincoln County Library – 63 Main Street, Pioche, Nevada 89043 Lyon County Central Library – 20 Nevin Way, Yerington, Nevada 89447 Mineral County Library – 110 1st Street, Hawthorne, Nevada 89415 Pershing County Library – 1125 Central Avenue, Lovelock, Nevada 89419 Storey County Library - 95 South R Street, Virginia City, Nevada 89440 Tonopah Library – 167 S. Central Street, Tonopah, Nevada 89049 Washoe County Library – 301 S. Center Street, Reno, Nevada 89505 White Pine County Library – 950 Campton Street, Ely, Nevada 89301 A copy of this notice of intent to act upon a regulation has been e-mailed to all licensees of the Nevada State Board of Dispensing Opticians for whom the Board has permission to contact via listserv, and to all persons who have requested in writing that they be placed upon a mailing list, which is maintained by the Nevada State Board of Dispensing Opticians for this purpose.

http://www.leg.state.nv.us/

--1--

LCB Draft of Revised Proposed Regulation R106-14

REVISED PROPOSED REGULATION OF THE

BOARD OF DISPENSING OPTICIANS

LCB File No. R106-14

May 9, 2016

EXPLANATION – Matter in italics is new; matter in brackets [omitted material] is material to be omitted.

AUTHORITY: §1, NRS 637.045 and 637.070; §§2 and 3, NRS 637.070, 637.100 and 637.110;

§§4 and 5, NRS 637.070, 637.121 and 637.135; §6, NRS 637.070, 637.100 and

637.123; §7, NRS 637.070 and 637.123; §8, NRS 637.070, 637.100 and 637.125;

§§9 and 10, NRS 637.070 and 637.100.

A REGULATION relating to dispensing opticians; revising provisions relating to compensation

of members of the Board of Dispensing Opticians; revising provisions relating to the

examination required for initial licensure as a dispensing optician; revising provisions

relating to continuing education requirements for dispensing opticians and dispensing

opticians with a limited license; revising the fee for renewal of a license as an

apprentice dispensing optician; revising provisions relating to the supervision of and

educational requirements for apprentice dispensing opticians; and providing other

matters properly relating thereto.

Legislative Counsel’s Digest:

Under existing law and regulations, members of the Board of Dispensing Opticians are

entitled to a salary of not more than $150 per day while engaged in the business of the Board.

(NRS 637.045; NAC 637.120) Section 1 of this regulation clarifies that certain meetings and

proceedings are considered to be part of the business of the Board.

Existing law requires an applicant for licensure as a dispensing optician to pass an

examination given by the Board and authorizes the Board to waive that requirement for an

applicant under certain circumstances. (NRS 637.100, 637.110, 637.127) Existing regulations

require an applicant seeking to take such an examination to apply to the Board at least 60 days

before the date of the exam and pay a fee of $350. (NAC 637.150) Section 2 of this regulation

removes the 60-day requirement and lowers the fee to $100. Section 2 also lowers the hours of

training and experience required for certain applicants from 2,000 to 1,000. Existing regulations

require that at least two Board members be present during the examination and authorize the

Board to employ other dispensing opticians to assist in administering the practical portion of the

--2--


examination. (NAC 637.160) Section 3 of this regulation authorizes the Board to employ others

to assist in the administration of the examination and removes: (1) the distinction between a

practical section of the examination and a written section of the examination; (2) the approximate

proportion of each subject that is to be included on the examination; and (3) the requirement that

two Board members be present during the examination.

Existing law requires a licensed dispensing optician to complete annual continuing

education and to submit proof of completion of such continuing education to the Board to renew

his or her license. (NRS 637.135, 637.140) Under existing regulations, the Board must approve

each course of continuing education offered before a licensed dispensing optician can receive

credit for the course. Existing regulations also limit the number of continuing education credits a

licensed dispensing optician may receive each year, but allow a certain number of additional

credits earned to be applied to the continuing education requirements for the following year.

(NAC 637.200) Existing regulations also require a licensed dispensing optician to submit to the

Board certificates of completion for continuing education each year with his or her license

renewal. (NAC 637.190) Section 4 of this regulation newly provides that a licensed dispensing

optician must submit to the Board a statement affirming that the licensee has taken the required

hours of continuing education and listing the courses taken. Section 4 further authorizes the

Board to require a licensed dispensing optician to verify his or her statement regarding

continuing education by submitting, at the request of the Board, certificates of completion for the

courses listed on the statement submitted to the Board for renewal of the license. Section 4 also

clarifies that a licensed dispensing optician who fails to complete the required number of

continuing education hours or makes any false statements or representations regarding the

completion of continuing education is subject to discipline by the Board. Section 5 of this

regulation newly authorizes the Board to grant approval for all continuing education courses

offered by certain organizations or sponsors recognized by the Board. Section 5 further provides

that licensees who have completed additional hours of continuing education to be applied to the

requirements for continuing education the following year must not submit those certificates to

the Board unless requested by the Board. Section 5 also allows licensees to receive up to 4 hours

of continuing education credit each year for certain community service time spent providing

dispensing optician services.

Existing law authorizes the Board to set a fee, not to exceed $200, for the renewal of a

license as an apprentice dispensing optician. (NRS 637.123) Section 7 of this regulation raises

the renewal fee for a license as an apprentice dispensing optician from $50 to $100.

Existing law requires that an apprentice dispensing optician be directly supervised by a

licensed dispensing optician, a licensed ophthalmologist or a licensed optometrist. (NRS

637.125) Existing regulations require that a supervisor or a substitute supervisor be on the

premises of the optical establishment at all times to directly supervise the apprentice dispensing

optician. (NAC 637.280) Section 8 of this regulation newly provides that: (1) a licensed

dispensing optician may not be the supervisor of record for more than two apprentice dispensing

--3--


opticians; and (2) the Board may require a supervisor of record to conduct a periodic review of

an apprentice dispensing optician.

Existing law provides that the license of an apprentice dispensing optician be renewed

annually, but such a license may be renewed not more than 4 times, except in certain

circumstances. (NRS 637.123) Existing regulations require an apprentice dispensing optician to

enroll in an educational program on the theory of opthalmic dispensing within 3 months after his

or her initial licensure, and thereafter to demonstrate orderly progress toward completion of his

or her apprenticeship. (NAC 637.263, 637.285, 637.287) Section 9 of this regulation raises from

3 months to 6 months the time limit for an apprentice dispensing optician to enroll in an

educational program after his or her initial licensure. Section 9 further requires an apprentice

dispensing optician to complete his or her educational program in not more than 40 months,

except that an extension of not more than 12 months may be requested by the apprentice

dispensing optician and granted by the Board in certain circumstances. Finally, section 9

provides that an apprentice dispensing optician who fails to meet the various time limits imposed

regarding his or her educational program may not renew his or her license as an apprentice

dispensing optician, but may reapply for initial licensure after waiting at least 1 year. Sections 6

and 10 of this regulation make conforming changes regarding the educational program

requirements for apprentice dispensing opticians.

Section 1. NAC 637.120 is hereby amended to read as follows:

637.120 Each member of the Board is entitled to receive a salary of $150 per day while

engaged in the business of the Board [.] , including, without limitation, a meeting conducted

pursuant to NAC 637.110 and a proceeding conducted pursuant to NAC 637.310 to 637.700,

inclusive.

Sec. 2. NAC 637.150 is hereby amended to read as follows:

637.150 1. An application for an examination required to obtain a license as a dispensing

optician pursuant to NRS 637.120 must be made to the Board [at least 60 days before the date of

the examination. The application must be made] on forms provided by the Board.

2. The applicant must provide with the application:

--4--


(a) Proof that he or she has met the requirements set forth in NRS 637.100.

(b) Three letters concerning his or her character from references, one of which must be from

a dispensing optician or a person who has worked in the optical industry with the applicant.

(c) An affidavit attesting to the truthfulness of all statements made in the application.

(d) Proof of completion of the hours of training and experience required pursuant to

subparagraph (2) of paragraph (g) of subsection 1 of NRS 637.100.

(e) A statement indicating whether he or she has had a professional license revoked or

suspended in this State or any other state or jurisdiction. If so, the applicant must disclose the

circumstances of the revocation or suspension and, if requested by the Board, submit to a

background check.

(f) A statement indicating whether he or she has been convicted of a misdemeanor, gross

misdemeanor or felony in this State or any other state or jurisdiction. If so, the applicant must

disclose the circumstances of the conviction and, if requested by the Board, submit to a

background check.

3. For the purposes of paragraph (d) of subsection 1 of NRS 637.100, the Board will

consider an applicant who has received a general equivalency diploma to have graduated from

the equivalent of an accredited high school.

4. An applicant who has successfully completed a course of study in a school which offers a

degree of associate in applied science for studies in ophthalmic dispensing approved by the

Board must obtain the required [2,000] 1,000 hours of training and experience.

--5--


5. The submission of false or misleading statements on the application filed with the Board

or the failure to provide information required on any form is sufficient cause for the Board to

reject the application or revoke the license of a dispensing optician.

6. A fee of [$350] $100 must accompany the application. [Upon approval by the Board, an

applicant who has failed the examination may be reexamined for a license as a dispensing

optician if the applicant submits to the Board a fee of $250 and a written request for

reexamination at least 60 days before the next date of examination.

7. An applicant who has failed the examination may request to retake the examination.]


637.160 1. The Board’s examination for a license as a dispensing optician will test the

dispensing skills and knowledge of the applicant . [and will consist of a practical section and a

written section.]

2. [Each section of the] The examination will test the applicant’s proficiency and

knowledge in the following subjects : [and approximate proportions:]

(a) [For the practical section:

(1)] Neutralization of ophthalmic products [, 30 percent.

(2)] ;

(b) Ophthalmic product identification [, 5 percent.

(3)] ;

(c) Ophthalmic instrumentation [, 10 percent.

(b) For the written section:

(1)] ;

--6--


(d) Optical theory [, 15 percent.

(2)] ;

(e) Dispensing of ophthalmic products [, 10 percent.

(3)] ;

(f) The provisions of this chapter and chapter 637 of NRS [, 15 percent.

(4)] ; and

(g) Anatomy, physiology and health of the eye . [, 15 percent.]

3. If an applicant for a license as a dispensing optician holds a limited license as a

dispensing optician in good standing, the Board may modify the examination described in this

section to test the applicant’s proficiency and knowledge in the following subjects [and

approximate proportions:

(a) For the practical section:

(1)] :

(a) Neutralization of ophthalmic products [, 20 percent.

(2)] ;

(b) Instrumentation and fitting [, 20 percent.

(b) For the written section:

(1)] ;

(c) Basic contact lens [, 30 percent.

(2)] ;

(d) The provisions of this chapter and chapter 637 of NRS [, 15 percent.

(3)] ; and

--7--


(e) Slide identification . [, 15 percent.]

4. The [examination will be conducted in the presence of at least two board members, both

of whom must be dispensing opticians. Other dispensing opticians may be employed by the]

Board may employ others to assist in administering the [practical] examination.

[5. The Board will provide to an applicant who fails the examination written notification of

the percentage scored in each subject.]


637.190 1. Except as otherwise provided in subsection [2, a copy of a certificate proving]

4, a statement affirming that a dispensing optician or a dispensing optician with a limited license

has [taken] completed the required hours of continuing education must be submitted to the Board

at the time of license renewal. The dispensing optician or dispensing optician with a limited

license must:

(a) Sign the statement; and

(b) For each course completed, include in the statement the:

(1) Name of the course;

(2) Date on which the course was completed; and

(3) Number of hours of credit given for the course.

2. The Board may require a dispensing optician or a dispensing optician with a limited

license to submit verification of the statement required by subsection 1. A dispensing optician

or dispensing optician with a limited license who is notified by the Board that he or she has

been chosen to submit verification pursuant to this subsection must submit to the Board a copy

of the certificate of completion for each course of continuing education listed by the

--8--


dispensing optician or dispensing optician with a limited license on his or her statement

submitted pursuant to subsection 1.

3. Each dispensing optician and dispensing optician with a limited license must retain a

copy of the certificate of completion for each course of continuing education taken for 2 years

after the date of completion of the course of continuing education.

4. A dispensing optician [or dispensing optician with a limited license] who received his or

her license by examination is not required to submit a statement described in subsection 1 or

copies [copy] of [a certificate] certificates of continuing education for the first renewal of the

license.

5. A dispensing optician or a dispensing optician with a limited license who fails to

complete the required number of hours of continuing education or who makes any false

statement or representation regarding the completion of hours of continuing education is

subject to discipline pursuant to NRS 637.150.


637.200 1. Subjects for continuing education in ophthalmic dispensing include:

(a) Mechanical and geometric optics;

(b) The measurement, fitting and adapting of eyeglasses, contact lenses and optical

prosthetics;

(c) Optical materials and their design and uses as visual aids;

(d) The nature and properties of light and its refraction by lenses;

(e) The anatomy and physiology of the eye and its appendages;

(f) The principles of management relating to ophthalmic dispensing;

--9--


(g) The principles of ophthalmic dispensing and the wearing of contact lenses related to

ophthalmology and optometry;

(h) Refractometry;

(i) Anatomy, physiology and health of the eye;

(j) Ethics in ophthalmic dispensing;

(k) Ophthalmic products;

(l) Cardiopulmonary resuscitation training; and

(m) The provisions of this chapter and chapter 637 of NRS.

2. [The] Except as otherwise provided in subsection 3, the Board will approve each course

of continuing education and determine the number of credits to be given for each course. A

sponsor of a course shall submit to the Board an outline of the course, and any other related

materials that the Board may require, for approval of the course before the course is offered.

3. The Board may deem approved those courses of continuing education:

(a) Approved for credit by an accrediting organization recognized and approved by the

Board; or

(b) Provided by a sponsor or organization that has been approved by the Board.

4. A licensee is not entitled to receive credit for a course of continuing education unless the

course is approved by the Board. A licensee may seek approval of a course before attending the

course to receive credit towards his or her hours of continuing education by submitting to the

Board an outline of the course and any other related materials that the Board may require.

[4.] 5. A licensee [who attends the same educational lecture] may not receive credit

towards his or her hours of continuing education for a specific course of continuing education

--10--


more than once every 3 years . [is entitled to count only his or her original attendance as credit

toward the licensee’s hours of continuing education.

5.] 6. A dispensing optician with a limited license may not receive more than a total of six

credits each year towards his or her hours of continuing education for completion of self-study

courses or courses offered over the Internet.

[6.] 7. A dispensing optician may not receive more than a total of seven credits each year

towards his or her hours of continuing education for completion of self-study courses or courses

offered over the Internet.

[7.] 8. A dispensing optician with a limited license shall complete at least 12 hours of

continuing education not later than December 31 of each year. The dispensing optician with a

limited license is entitled to receive credit for not more than 6 additional hours of continuing

education completed during a year and may apply those hours of continuing education to the

requirement for continuing education for the following year.

[8.] 9. A dispensing optician shall complete at least 14 hours of continuing education not

later than December 31 of each year, including 7 hours of instruction related to the practice and

theory of fitting contact lenses. The dispensing optician is entitled to receive credit for not more

than 7 additional hours of continuing education completed during a year and may apply those

hours of continuing education to the requirement for continuing education for the following year.

10. A dispensing optician or dispensing optician with a limited license who completes

additional hours of continuing education pursuant to subsection 8 or 9, as applicable, may not

submit to the Board the certificate of completion for each course in which those additional

--11--


hours of continuing education were completed unless he or she is required to do so pursuant

to NAC 637.190.

11. A dispensing optician or dispensing optician with a limited license may receive credit

for not more than 4 hours of continuing education each year for community service time spent

providing dispensing optician services. Such credit:

(a) Must be evidenced on a form provided by and submitted to the Board; and

(b) Subject to the limit of 4 hours, will be credited on an hour-for-hour basis if approved by

the Board.


637.263 1. Except as otherwise provided in subsection 2 [,] and NAC 637.285, an

apprentice dispensing optician who fails to renew his or her license before the license expires on

January 31 of each year may have the license reinstated if the apprentice dispensing optician:

(a) [Provides proof that he or she made orderly progress toward the completion of his or her

apprenticeship pursuant to NAC 637.287;

(b)] Pays the renewal fee; and

[(c)] (b) Pays the delinquency fee.

2. The Board will not reinstate the delinquent license of an apprentice dispensing optician

who does not apply for reinstatement before March 1 of each year.


637.265 1. The fee for the annual renewal of a license as an apprentice dispensing optician

is [$50.] $100.

--12--


2. The annual delinquency fee for reinstatement of a license as an apprentice dispensing

optician is $100.


637.280 1. [A] An apprentice dispensing optician must have on file with the Board a

supervisor of record who is licensed in this State. An apprentice dispensing optician may not

have more than one supervisor of record. A licensed dispensing optician may be the supervisor

of record for not more than two apprentice dispensing opticians.

2. Except as otherwise provided in this subsection, the supervisor [who is licensed in this

State] of record of an apprentice dispensing optician must be on the premises of the optical

establishment at all times to directly supervise [an] the apprentice dispensing optician. In all

instances of [a supervisor’s] the absence [,] of the supervisor of record a substitute supervisor

who is licensed in this State must be obtained to directly supervise the apprentice dispensing

optician.

[2.] 3. When a permanent change of supervision is made , [by the employer,] the

[supervisor and] apprentice dispensing optician shall notify the Board, in writing, of the

permanent change within 10 business days [.

3.] after the permanent change.

4. A supervisor of record or a substitute supervisor shall not directly supervise more than

two apprentice dispensing opticians at any one time.

[4.] 5. Except as otherwise provided in subsection [5,] 6, an apprentice dispensing optician

and his or her [supervisor] supervisor of record must be employed by the same employer at the

same work location.

--13--


[5.] 6. An apprentice dispensing optician may be directly supervised by any licensed

dispensing optician authorized to fit and fill prescriptions for contact lenses, licensed

ophthalmologist or licensed optometrist in order to complete the 100 hours of training and

experience in the fitting and filling of prescriptions for contact lenses required pursuant to

subparagraph (2) of paragraph (g) of subsection 1 of NRS 637.100.

[6.] 7. An apprentice dispensing optician [and] , his or her supervisor of record and his or

her substitute supervisor must [each] be able to read, write, speak and understand the English

language.

[7.] 8. The Board may require a supervisor of record to conduct a periodic review of an

apprentice dispensing optician.

9. As used in this section:

(a) “Directly supervise” means physically providing individual direction, control, inspection

and evaluation of work based on the training, experience and education of the apprentice

dispensing optician, and any other relevant factors.

(b) “Permanent change” means a change in the supervisor of record of an apprentice

dispensing optician that lasts 7 days or longer.

(c) “Supervisor [”] of record” means an ophthalmologist, an optometrist or a dispensing

optician who directly supervises the apprentice dispensing optician.


637.285 1. An apprentice dispensing optician shall, within [3] 6 months after the date of

his or her initial licensure as an apprentice dispensing optician, submit evidence to the Board that

he or she is enrolled in an educational program on the theory of ophthalmic dispensing approved

--14--


by the Board. An apprentice dispensing optician who fails to enroll in such an educational

program or fails to submit evidence to the Board as required by this subsection may not renew

his or her license as an apprentice dispensing optician.

2. Except as otherwise provided in subsection 3, an apprentice dispensing optician must

complete his or her educational program required by subsection 1 not more than 40 months

after the date of his or her initial licensure as an apprentice dispensing optician.

3. An apprentice dispensing optician may request an extension of the 40-month time limit

imposed by subsection 2. Such an extension:

(a) May not exceed 12 months; and

(b) Must be requested on a form provided by and submitted to the Board not later than 90

days before the expiration of the 40-month time limit imposed by subsection 2.

4. Upon receipt of a request for an extension pursuant to subsection 3, the Board will

grant the request if the Board finds that:

(a) The reason for or cause necessitating the request for an extension is the result of

circumstances that are emergent or were unforeseeable or otherwise outside the control of the

apprentice dispensing optician;

(b) The length of the requested extension is reasonable under the circumstances; and

(c) The apprentice dispensing optician will be able to complete his or her educational

program within the requested extension of time.

5. An apprentice dispensing optician who fails to complete his or her educational

program in the time required by this section may not renew his or her license as an apprentice

dispensing optician.

--15--


6. An apprentice dispensing optician who is not allowed to renew his or her license

pursuant to subsection 1 or 5 may reapply for initial licensure as an apprentice dispensing

optician not sooner than 1 year after the date on which his or her previous license as an

apprentice dispensing optician expired.

Sec. 10. NAC 637.287 and 637.295 are hereby repealed

TEXT OF REPEALED SECTIONS

637.287 Demonstration of orderly progress toward completion of apprenticeship. (NRS

637.070, 637.100)

1. At the time an apprentice dispensing optician who desires to obtain a license as a

dispensing optician pursuant to NRS 637.120 applies for the renewal of his or her license, the

apprentice dispensing optician must demonstrate to the Board that he or she made orderly

progress during the current year toward the completion of his or her apprenticeship.

2. The Board will consider the following as proof of orderly progress:

(a) For an apprentice dispensing optician who has not yet completed the educational program

on the theory of ophthalmic dispensing in which the apprentice dispensing optician is required to

be enrolled pursuant to NAC 637.285 and who has been licensed for at least 6 months of the

calendar year:

--16--


(1) Successful completion of one or more educational courses as part of an approved

program for a degree of associate in applied science for studies in ophthalmic dispensing; or

(2) Successful completion of one or more college or home-study courses as part of an

approved program for a certificate for studies in ophthalmic dispensing or contact lens theory.

(b) For an apprentice dispensing optician who has completed the educational program on the

theory of ophthalmic dispensing in which the apprentice dispensing optician is required to be

enrolled pursuant to NAC 637.285:

(1) Successful completion of 100 hours of practical instruction or training in contact

lenses;

(2) Taking or passing the examination of the American Board of Opticianry;

(3) Taking or passing the Contact Lens Registry Examination of the National Contact

Lens Examiners;

(4) Taking or passing the Board’s examination for a license as a dispensing optician; or

(5) Successful completion of at least 14 hours of continuing education in accordance with

NAC 637.295 if the apprentice:

(I) Made orderly progress as described in each of subparagraphs (1) to (4), inclusive,

before the current renewal period; and

(II) Does not have the experience required in NRS 637.100 to qualify for the Board’s

examination for a license as a dispensing optician.

637.295 Continuing education. (NRS 637.070, 637.123)

1. Except as otherwise provided in subsection 2, an apprentice dispensing optician who

desires to obtain a license as a dispensing optician pursuant to NRS 637.120 must make orderly

--17--


progress as described in NAC 637.287 for each year of his or her apprenticeship as a prerequisite

to the renewal of his or her license. For the purpose of proving orderly progress pursuant to

subparagraph (5) of paragraph (b) of subsection 2 of NAC 637.287, continuing education must

meet the requirements of this section and proof of successful completion of the continuing

education must be submitted to the Board not later than January 31 following the calendar year

in which the continuing education was completed.

2. A course, seminar or workshop for continuing education must be:

(a) Approved by the Board or the Board’s committee on continuing education at least 15 days

before it is offered; or

(b) Taught in a school which offers a degree of associate in applied science for studies in

ophthalmic dispensing and which is nationally or regionally accredited.

3. The Board may waive or alter the requirements of this section relating to continuing

education if the intent of the requirements would not be carried out by its strict application.

state of nevada board of dispensing opticians · by a licensed dispensing optician, a licensed...

Documents